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Synopsis

The Kerala High Court, in order to protect teachers from unwarranted criminal prosecution, has directed the police to conduct a preliminary inquiry before proceeding with any criminal complaint against them for actions committed within an educational institution.

A Single judge bench comprising Justice P. V. Kunhikrishnan, observed that teachers should not face criminal prosecution for administering minor punishments without malice. The court further remarked: “Let the teachers carry a cane in their hand while they are in educational institutions, if they intend to do so. It need not be used always, but the mere presence of a cane with teachers will create a psychological effect in the student community by discouraging them from doing any social evils. For minor punishments of teachers in schools, without any malice, while imparting education or in connection with the discipline and behaviour of a student, the teachers should be protected from criminal prosecution.”

The court made the observation while hearing the bail plea of the petitioner, a school teacher, who was facing criminal prosecution under Section 118 (voluntarily causing hurt or grievous hurt by dangerous weapons or means) of the Bharatiya Nyaya Sanhitha, 2023 (BNS)and Section 75 (punishment for cruelty to a child) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). According to the prosecution, on February 10, 2025, the petitioner allegedly assaulted a sixth-standard student using a cane. The complaint was lodged by the child’s parent, alleging that the teacher acted out of personal enmity because the student had spread a rumour that the petitioner was responsible for his own son’s death in a road accident.

Denying all allegations, the petitioner contended that the accusations were false and malicious, intended to malign the teacher’s reputation. The petitioner claimed that he had only advised the student to focus on academics and had not committed any criminal act. It was further emphasised that teachers should be allowed reasonable authority to discipline students without the constant fear of criminal prosecution.

Expressing concern over the increasing number of criminal cases filed against teachers for minor disciplinary actions, the court noted: “Even when a student is pinched or pushed or poked without any malice, criminal cases are registered against the teachers, based on the complaint of the parents/students. This should be stopped. Otherwise, the teachers cannot do their duties.”

The court further emphasised that because some teachers might engage in misconduct, this should not lead to a blanket criminalization of disciplinary actions in schools.

“There may be rare cases in which some teachers might have committed some offences. But, for that reason, the entire teaching community cannot be blamed. They cannot teach their students under the threat of registration of criminal cases. A preliminary enquiry is necessary before registering any criminal case against a teacher in connection with his/her actions in the school, colleges, etc, to maintain the discipline, good behaviour, etc, of their students in academic institutions,” the court ruled.

Invoking Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for a preliminary inquiry in offences punishable with imprisonment of three years or more but less than seven years, the court directed that the police must obtain prior permission from an officer not below the rank of Deputy Superintendent of Police before initiating an investigation. Additionally, the court ordered the State Police Chief to issue a circular within one month to ensure compliance with this directive.

Consequently, the petitioner teacher was granted bail.

 

Cause Title: Sibin S.V. v State of Kerala [BAIL APPL. NO. 2937 OF 2025]

Appearance: Counsel for Petitioner- Advocates M. R. Sarin, Parvathi Krishna, Swetha Das, Ahsanan E., Aiswarya Menon; Counsel for Respondent- Senior Public Prosecutor Noushad K. A.